The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. On February 22, 2012, the lower court, ex officio, sentenced the Defendant to six months of imprisonment for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc., recognized the Defendant’s previous conviction on August 20, 2012, and imposed a repeated offense by applying Article 35 of the Criminal Act.

However, the term "crimes corresponding to imprisonment without prison labor or heavier" under Article 35 (1) of the Criminal Act refers to crimes punishable by imprisonment without prison labor or imprisonment without prison labor, and where a sentence selected among the punishment prescribed for such crimes is a fine, it cannot be the subject of aggravation of repeated crimes.

(see, e.g., Supreme Court Decision 82Do1018, Jul. 27, 1982). The lower court deemed that Defendant’s act constituted Article 148-2(2)3 of the Road Traffic Act, and selected a fine, and added a repeated offense, and thus, the lower court ex officio reversed the judgment.

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the prosecutor, and the judgment is again ruled as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) has a history of criminal punishment several times for traffic crimes, and committed the instant crime during the period of repeated crime resulting from the same crime.

However, at the time of the instant crime, the Defendant’s blood alcohol concentration is not high to 0.067%.

The defendant's mistake has been divided in depth and has not committed a second offense.

(b) other.